by Lai Mun Onn is a Senior Lecturer at the School of Law and Governance, Faculty of Business and Law, Taylor’s University
There was an outcry recently when Shalini Periasamy was fined a mere RM100 for posting videos issuing threats towards Rajeswary Appahu, a social media influencer. Rajeswary was found dead in her home and it is suspected that she took her own life due to cyber-harassment and death threats. Shalini pleaded guilty to a charge of using vulgar language to incite anger and disturb peace. The offence was found in the Minor Offences Act and the fine was the maximum sentence the Court could impose.
The case raised the issue of cyberbullying in Malaysia. It shows that cyberbullying is not a matter that children face but adults can be victims too. Communications Minister Fahmi Fadzil said that there are some existing laws that are related to cyberbullying like sections 503 and 509 of the Penal Code (which deals with Criminal Intimidation and the offence of insulting the modesty of a person) as well as section 233 of the Communications and Multimedia Act 1998 which deals with the improper use of network facilities or network services. However, the Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said admitted that there are no specific provisions for the offence of cyberbullying.
Datuk Seri Azalina was also quoted as saying, “Cyberbullying isn’t a new issue in Malaysia, and each year, we are shocked by news of individuals being bullied, which end with them taking their own lives”. It would then be irresponsible for the government to not take any positive actions to deal with the threat of cyberbullying. It is therefore good to hear that the government is looking to strengthen the law and will consider proposals to define “cyberbullying” and make it a crime under the Penal Code. This will show that the government views cyberbullying very seriously and is taking clear steps to deter it from taking place and punishing it when it does.
The Need fo Cyberbullying Provision Law
One of the important things that the new provisions can bring about is to clearly define what can amount to cyberbullying. As seen above, the existing law deals with general terms of harassment and threats. However, there are many kinds of acts that can amount to cyberbullying – virtual mobbing, doxing, trolling, baiting, flaming, spamming – these are some of the things that can amount to cyberbullying. By having a clear definition, the prosecution will find it easier to decide if a case is a cyberbullying case.
Besides having a clear definition of what is cyberbullying, the elements of the crime can be specifically spelt out. The state of mind of the perpetrator must surely be one of intending to cause distress, hurt and/or annoyance. In addition to that, the law may also choose to punish those who may not intentionally want to cause such harm but who act recklessly or negligently. This will surely serve as a greater deterrent.
The sentences that the court can impose can also be specified. There will be obviously harsher penalties for those who act intentionally to cause distress, hurt and/or harm compared to those who merely acted negligently. It can also have harsher punishments if the bullying involves issues of race and/or religion.
Finally, the law may provide some defences that can be relied on by the accused. At the end of the day, the law should also balance the protection of the victim with the rights of everyone to the freedom of speech and expression guaranteed by Article 10(1)(a) of our Federal Constitution. The restriction to these freedoms can be made provided that they are reasonable and proportionate.
In addition to the provisions of law, there are many other things that can and should be done to tackle the problem of cyberbullying. Education is definitely one of the weapons that can be wielded against the threat of cyberbullying.
As we teach children not to be bullied in the playgrounds, they also need to learn to behave when they are in the virtual world too. In addition to that, children need to know that they can be protected from cyberbullying. They need to be taught how to react to it and who to go to for help.
The other group that needs to be educated on this are the teachers. Teachers need to understand how dangerous and damaging cyberbullying can be. They are the ones who will need to impart this on a regular basis to the children they teach. Parents need to be educated too, so that they can teach their children, and also learn to protect their children from being victims.
